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Lawyers (+hopefuls) please: Smoking + Hospitals
A little help if you please guys.
When I had just turned 16, I was suffering with depression and went onto a mental health ward in an NHS hospital. I was there for 6 months.
When I went into hospital I was a non smoker. I'd never touched a cigarette in my life. I was against smoking.
I met a guy in the hospital who eventually got me smoking after many repeat attempts. The hospital staff (nurses) encouraged this claiming it alleviated stress.
I came out of hospital a regular smoker, and have not been able to quit successfully since.
My question is: Did the hospital have a legal duty of care to protect me, and by allowing me to start smoking in an incapacitated state did they neglect that duty?
Do I have a potential claim against said hospital?
When I had just turned 16, I was suffering with depression and went onto a mental health ward in an NHS hospital. I was there for 6 months.
When I went into hospital I was a non smoker. I'd never touched a cigarette in my life. I was against smoking.
I met a guy in the hospital who eventually got me smoking after many repeat attempts. The hospital staff (nurses) encouraged this claiming it alleviated stress.
I came out of hospital a regular smoker, and have not been able to quit successfully since.
My question is: Did the hospital have a legal duty of care to protect me, and by allowing me to start smoking in an incapacitated state did they neglect that duty?
Do I have a potential claim against said hospital?
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Reply 2
They always let people smoke in mental health wards, nicotene withdrawl can do terrible things to a person. TERRIBLE THINGS.
I doubt you have a case. It'd be kinda hard to prove what happened.
I doubt you have a case. It'd be kinda hard to prove what happened.
samba
A little help if you please guys.
When I had just turned 16, I was suffering with depression and went onto a mental health ward in an NHS hospital. I was there for 6 months.
When I went into hospital I was a non smoker. I'd never touched a cigarette in my life. I was against smoking.
I met a guy in the hospital who eventually got me smoking after many repeat attempts. The hospital staff (nurses) encouraged this claiming it alleviated stress.
I came out of hospital a regular smoker, and have not been able to quit successfully since.
My question is: Did the hospital have a legal duty of care to protect me, and by allowing me to start smoking in an incapacitated state did they neglect that duty?
Do I have a potential claim against said hospital?
When I had just turned 16, I was suffering with depression and went onto a mental health ward in an NHS hospital. I was there for 6 months.
When I went into hospital I was a non smoker. I'd never touched a cigarette in my life. I was against smoking.
I met a guy in the hospital who eventually got me smoking after many repeat attempts. The hospital staff (nurses) encouraged this claiming it alleviated stress.
I came out of hospital a regular smoker, and have not been able to quit successfully since.
My question is: Did the hospital have a legal duty of care to protect me, and by allowing me to start smoking in an incapacitated state did they neglect that duty?
Do I have a potential claim against said hospital?
Unfortunatly you won't be able to prove it, unless these people actually bought the cigs for you. You should write an open letter of complaint to the district manager, and to your local newspaper to embaress them for their dereliction of care, but thats about the most you can do.
You're lucky that you only ended up a smoker, much worse happens to people who get commited to the mental health wards. The nurses fully abuse them and theres nothing they can do about it.
El Scotto
Unfortunatly you won't be able to prove it, unless these people actually bought the cigs for you. You should write an open letter of complaint to the district manager, and to your local newspaper to embaress them for their dereliction of care, but thats about the most you can do.
You're lucky that you only ended up a smoker, much worse happens to people who get commited to the mental health wards. The nurses fully abuse them and theres nothing they can do about it.
Unfortunatly you won't be able to prove it, unless these people actually bought the cigs for you. You should write an open letter of complaint to the district manager, and to your local newspaper to embaress them for their dereliction of care, but thats about the most you can do.
You're lucky that you only ended up a smoker, much worse happens to people who get commited to the mental health wards. The nurses fully abuse them and theres nothing they can do about it.
Thanks matey. I think I'll just write a letter to the manager.
Thankfully it wasn't committed, just an open mental health ward in a hospital. (you could go to the shops or on a day out etc for the most part)The nurses etc were good overall
Reply 7
To be honest, I think it's slightly pathetic of anyone to think about sueing the hospital in this case - everyone's out for all the compensation they can get which is pretty sad a state of affairs in my eyes. yes they have a duty of care, but things are different on a mental health ward and they may have though discouraging you from a habit you were obviously Ok with taking up may have set you back on your recovering from your mental condition. if you're that bothered, try to quit smoking, it sounds as though you're not pleased you started and so i'm sure with a little effort you could stop, but don't go looking for compensation (which is just silly in my opinion)
samba
Thanks matey. I think I'll just write a letter to the manager.
Thankfully it wasn't committed, just an open mental health ward in a hospital. (you could go to the shops or on a day out etc for the most part)The nurses etc were good overall
Thankfully it wasn't committed, just an open mental health ward in a hospital. (you could go to the shops or on a day out etc for the most part)The nurses etc were good overall
you wont really get any action unless you write to your local newspaper as well. Its all about publicity these days : ) if they can bury things, they will!
prettyblueeyes
To be honest, I think it's slightly pathetic of anyone to think about sueing the hospital in this case - everyone's out for all the compensation they can get which is pretty sad a state of affairs in my eyes. yes they have a duty of care, but things are different on a mental health ward and they may have though discouraging you from a habit you were obviously Ok with taking up may have set you back on your recovering from your mental condition. if you're that bothered, try to quit smoking, it sounds as though you're not pleased you started and so i'm sure with a little effort you could stop, but don't go looking for compensation (which is just silly in my opinion)
Actually, I'm not. It'd be part of another case. Yes, a case for compensation over misdiagnosis.
Misdiagnosis that is so far costing me over $700k in private treatment, and has had a permanent effect on damage to my brain.
prettyblueeyes
To be honest, I think it's slightly pathetic of anyone to think about sueing the hospital in this case - everyone's out for all the compensation they can get which is pretty sad a state of affairs in my eyes. yes they have a duty of care, but things are different on a mental health ward and they may have though discouraging you from a habit you were obviously Ok with taking up may have set you back on your recovering from your mental condition. if you're that bothered, try to quit smoking, it sounds as though you're not pleased you started and so i'm sure with a little effort you could stop, but don't go looking for compensation (which is just silly in my opinion)
Reply 12
The important issue is not whether you can get any money from the NHS or not, but have you [tried to] quit smoking since then?
----
Also, from the BBC in 2005 :
----
Also, from the BBC in 2005 :
spokeswoman for the Royal College of Nursing said a flexible approach was needed.
"People with mental health problems who are staying in an acute ward are often experiencing times of high stress.
"Smoking is an addiction and it may sometimes be appropriate for mental health patients to be allowed to smoke at times.
"We would urge mental health hospitals not to adopt a blanket ban."
Marjorie Wallace, chief executive of the mental health charity Sane, said it should be left to the individual patient to decide if she or he wanted to smoke.
Calming influence
"We believe that patients with mental illness should have the choice of living in a smoke-free environment.
"However, those for whom being able to smoke is essentially calming should be allowed to do so in designated areas, as is currently the case."
But Jo Webber, a policy manager at the NHS Confederation, which represents health service managers, said she would still like to see trusts aspire to a total ban.
"I think it is difficult when it comes to long-stay hospital patients. The hospital almost becomes their home.
"I can see that in the short-term we should take a guarded-approach and phase this ban in slowly so patients aren't harmed.
"But in the long-term we would support a complete ban."
A spokeswoman for the Department of Health said the guidance allowed some scope for flexibility.
"We are going to be consulting on how exemptions will work, there is a case for long-stay patients and we will look at that."
"People with mental health problems who are staying in an acute ward are often experiencing times of high stress.
"Smoking is an addiction and it may sometimes be appropriate for mental health patients to be allowed to smoke at times.
"We would urge mental health hospitals not to adopt a blanket ban."
Marjorie Wallace, chief executive of the mental health charity Sane, said it should be left to the individual patient to decide if she or he wanted to smoke.
Calming influence
"We believe that patients with mental illness should have the choice of living in a smoke-free environment.
"However, those for whom being able to smoke is essentially calming should be allowed to do so in designated areas, as is currently the case."
But Jo Webber, a policy manager at the NHS Confederation, which represents health service managers, said she would still like to see trusts aspire to a total ban.
"I think it is difficult when it comes to long-stay hospital patients. The hospital almost becomes their home.
"I can see that in the short-term we should take a guarded-approach and phase this ban in slowly so patients aren't harmed.
"But in the long-term we would support a complete ban."
A spokeswoman for the Department of Health said the guidance allowed some scope for flexibility.
"We are going to be consulting on how exemptions will work, there is a case for long-stay patients and we will look at that."
Reply 13
Ok fair enough, if you want compensation for medical neglect or unprofessional care etc which led to your misdiagnosis. but why try and throw in the tale that you're now addicted to smoking which is also apparently their fault to try and make a few extra pounds.
Reply 17
samba
yea I know, but should they allow a NON SMOKER (who is under 18 and under their legal care) to start smoking?
as the legal age to smoke is 16, and you cant prove that anyone encouraged you, you dont have a case. they will see it as your choice. sorry mate
but try quit 
Reply 19
Are you also sure you're not directing your attention to the wrong folk? You say it was another patient (presumably the guy) who got you smoking after repeated attempts. What *exactly* was it that the nurses did that actually convinced you because it is normal procedure for many mental health patients to be allowed to smoke in some capacity to alleviate stress.
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